CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION

Conclusions and recommendations of the Committee against Torture

Chile

52. The Committee considered the second periodic report of Chile (CAT/C/20/Add.3)
at its 191st and 192nd meetings, held on 8 November 1994 (CAT/C/SR.191
and SR.192 and Add.2), and adopted the following conclusions and recommendations.

A. Introduction

53. The Committee thanks the Government of Chile for the timely submission
of its second periodic report and for the frank and constructive clarifications
provided by the Chilean delegation in its oral report.

54. In general, the report is in conformity with the guidelines laid
down by the Committee for presenting reports.

B. Positive
aspects

55. The Committee takes due note of the political will of the Government
of Chile to guarantee respect for human rights in the context of the
transition from a dictatorship to a democratic regime.

56. The Committee notes with satisfaction that the Government is promoting
a series of important changes, both in procedure and in the basic legislation,
which will help to prevent the practice of torture.

57. It also regards as positive the implementation of programmes aimed
at fully compensating those who have suffered from violations of human
rights.

C. Subjects
of concern

58. The Committee notes with concern the existence of a considerable
number of complaints of torture and ill treatment at the hands of various
law enforcement services, especially the Carabineros and the Investigatory
Police, which have not met with an effective response, with the authors
of these acts being duly brought to trial.

59. The Committee also considers that some aspects of the legislation
in force, such as the rules of the criminal prosecution system and the
subjection of civilians to military jurisdiction, are not helpful as
far as the prevention of torture is concerned.

D. Recommendations

60. In a spirit of collaboration, the Committee suggests the adoption
of the following measures:

(a) An in-depth review of procedure, especially as regards police powers
of detention and the right of the detainee to free access to and communication
with family members and legal advisers and a physician whom he trusts;

(b) The advisability of explicitly abolishing those rules, such as automatic
obedience, which are not compatible with the Convention;

(c) Making the security forces subordinate to the civil authorities
responsible for public safety and the abandonment of all vestiges of
the legislation enacted by the military dictatorship;

(d) The advisability of making special provision for the offence of
torture, as described in article 1 of the Convention, and making it
punishable by a penalty appropriate to its seriousness;

(e) The possibility of withdrawing the existing reservation to the Convention
and making declarations to the effect that the State party recognizes
the competence of the Committee in the circumstances described in articles
21 and 22 of the Convention.

61. The Committee again expresses its appreciation to the Government
of Chile for its readiness to engage in dialogue and in the search for
solutions and is grateful for the supply of the legislation which has
been enacted and that which will be enacted in the future.